1) EDUCATION SYSTEM The education system as

SPAIN
1) EDUCATION SYSTEM
The education system as presented here is the result, at its non-university levels, of the
extensive reform enacted in 1990 through the Organic Act on the General Organisation
of the Education System (Ley Orgánica de Ordenación General del Sistema Educativo LOGSE). A further process of reform has been carried out in recent years with new acts
being passed, including the Organic Act on the Quality of Education (Ley Orgánica de
Calidad de la Educación - LOCE) approved in December 2002 and intended to be
gradually implemented by 2007/08. However, the general elections in March 2004 led
to a change of State Government and the intention of this newly formed Government is
to urge the Parliament to modify some of the contents of this Act.
a) Pre-primary education
Pre-primary education (Educación Infantil) is divided into two cycles. It has a voluntary
nature and is cost-free in public education establishments. However, the education
authorities must ensure that there are enough places available. There are also other
establishments for the care of children under the age of 6 such as, for example, day
nurseries.
b) Primary and compulsory secondary education
In Spain, basic education is compulsory from the ages 6 to 16 and is broken down into
two stages: primary education (Educación Primaria), from 6 to 12 years of age; and
compulsory secondary education (Educación Secundaria Obligatoria - ESO), from 12
to 16 years of age. Primary education covers six academic years and is divided into
three cycles of two years duration each. Pupils automatically move on to compulsory
secondary education once they have completed their primary education. The ESO is
divided into two two-year cycles. During the last year, pupils can choose elective
subjects for specialisation. Pupils who after finishing the ESO have reached the
established objectives are awarded the Graduado en Educación Secundaria (Secondary
Education certificate).
c) Non-compulsory secondary education
Having satisfactorily completed the ESO, pupils between the ages of 16 and 18 can
continue their studies in a post-compulsory education stage, which has a voluntary
nature. They can choose between studying for the Baccalaureate (Bachillerato) or
following the vocational training branch.
- academic or general branch: Bachillerato
The Baccalaureate has a duration of two years (ages 16 to 18) and is provided in
secondary education establishments (Institutos de Educación Secundaria). It is possible
to choose between four different modes or modalities. At the end of this stage, pupils
who have completed all subjects successfully within any of the modalities earn their
Bachiller diploma. This is the last stage of school education. The diploma qualifies
pupils to enrol in higher education, either at university or in advanced specific
vocational training (Formación Profesional Específica de grado superior).
- vocational branch: intermediate specific vocational training (Formación Profesional
Específica de grado medio)
Intermediate specific vocational training can be completed after two years - by
combining attendance at classes with a work experience period spent in a company with the pupil being awarded a Technician certificate (Técnico Auxiliar) for the
corresponding trade.
d) Higher education
- University
In principle, the Bachiller diploma allows pupils to go to university. However, they
must firstly sit an entrance examination which is also known as “Selectividad”.
- Advanced specific vocational training
The Bachiller diploma is required to access advanced specific vocational training. Pupils
successfully completing advanced specific vocational training are awarded the Técnico
Superior certificate (Advanced Technician certificate), allowing them to directly enrol in
university studies in fields related to the trade for which they have been trained.
2) TYPES OF EDUCATIONAL ESTABLISHMENTS
Spain has a long tradition of private education. Private educational establishments are
common in the levels of primary and secondary education, particularly in cities.
There are three types of educational establishments:
-
publicly owned schools
private schools partly financed with public funds by means of educational
agreements; these are known as “centros concertados”
private non-subsidised schools
Within public education (primary and secondary schools), the principle of the free
choice of school prevails, but this is regulated by the public authorities in oversubscribed publicly funded schools i.e. when there are not enough places available to
meet all the admission requests. The admission criteria which, if necessary, are taken
into account include the family’s annual income, the proximity of the parent’s home and
the prior enrolment of other siblings in the school.
3) EDUCATIONAL RESPONSIBILITY
In Spain, the Ministry of Education and Science (Ministerio de Educación y CienciaMEC) is responsible for carrying out the powers in education which are exclusive to the
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State. The State has retained exclusive powers to ensure the homogeneity and basic
unity of the education system. These powers include, among others, the general
organisation of the education system, the laying down of minimum requirements for
educational establishments, the formulation of the nation-wide general plan for
education and the establishment of common educational standards. The MEC, in its
capacity as a state central administrative body, implements government policy in terms
of pre-primary, primary and secondary education and also with regard to higher
education. It also develops and coordinates research.
In recent years, the Autonomous Communities, based on their respective Autonomy
Statutes, have assumed an increasing number of powers in the area of education and the
resources for exercising these powers. The goal of decentralising the Education
Administration, i.e. distributing the educational powers between the State and the
Autonomous Communities, was set out in the Spanish Constitution of 1978. According
to the Constitution, the Autonomous Communities can assume the powers to organise
and administer the education system within their own territory, without excluding the
municipalities and with the exception of those powers reserved to the State. In
particular, the Autonomous Communities have regulatory powers in order to develop
the basic state standards and are responsible for the regulation of non-basic elements or
aspects of the education system. They also assume executive and administrative duties
involved in administering the education system in their respective regions, except for
those reserved to the State. The following Autonomous Communities have full powers
in the area of education within their respective territories: Catalonia, Basque Country,
Galicia, Andalusia, Canary Islands, Valencia and Navarre. The other Autonomous
Communities have not assumed yet all the available educational powers.
Some educational powers are assumed by the municipalities, particularly with regard to
public primary education schools.
4) FINANCING EDUCATION
In Spain, the Autonomous Communities which have full educational responsibilities
receive state funds to finance their education systems. There are two types of funding:
on the one hand, the State transfers funds directly to the education authority with the
greatest responsibility in the respective Autonomous Community (the Regional
Department or Councillorship - Consejería - of Education) and, on the other hand, it
provides funds to the Regional Department or Councillorship of Economic Affairs and
Finance of each Autonomous Community. The Autonomous Communities also
contribute as they provide additional funds from their own budgets to finance the cost of
education within their own territory.
In Spain, the funding of private establishments subsidised through the educational
agreements is comparable to the funding of public schools, particularly with regard to
staff costs and also partly with regard to operating costs. The amounts are the same;
however, fewer funds are provided for the investment costs of “centros concertados”
than for those of public schools.
In those Autonomous Communities which have full educational responsibilities, it is the
Regional Educational Administration (Departments or Councillorships of Education)
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which distribute all the funds to secondary schools (staff costs, operating costs for
goods and services and also capital costs). They also allocate all the funds to cover staff
costs (teaching and non-teaching staff salaries), part of the operating costs and most of
the investment costs for primary education. In the other Autonomous Communities
which have not assumed yet full powers in the area of education, it is the Provincial
Education Departments which are responsible for distributing these funds. These are
peripheral services of the national Ministry of Education and Science, i.e. decentralised
authorities which enjoy a certain amount of autonomy. These authorities do not use any
calculation formulas to determine the amounts to be allocated but rather establish the
funds needed by previously assessing the respective needs.
It is the schools themselves which purchase and administer the goods and services
required for their operation, except for fixed costs such as water, electricity, etc. which
are paid by the respective municipality. With regard to primary schools, the
municipalities are also responsible for additional costs such as the payment of fees,
contributions and taxes of schools to public supply companies. They also provide the
staff necessary to administer the school facilities and are also responsible for repairs to
these facilities. Other investments, depending on their amount, are financed by the
corresponding Autonomous Community, the State (higher amounts) or the school itself
(small investments).
Spanish schools are allowed to earn additional income by renting out school facilities,
providing certain services, selling certain products, organising events and receiving
interest, donations in kind and financial aid through legacies and donations.
It is legally established that schools cannot make any charge with regard to enrolment
costs (school fees).
However, text books are purchased by the pupils’ parents. For pupils from families with
an income and assets not exceeding a legally established limit, study grants and other
types of subsidy are available.
School transport costs are also paid by parents, although financial assistance is also
available to help to cover these.
Likewise, the costs of using the complementary service of the dining hall are paid by
the pupils’ parents in primary education, although here too aid is granted for the poorest
families to cover the cost of this service.
5) PUBLIC AUDIT
The 1978 Spanish Constitution enshrines the principle of autonomy for the nationalities
and regions making up the Spanish State. This principle is evident in the territorial
organisation of the State which, since that time, has consisted of municipalities,
provinces and Autonomous Communities. All these entities enjoy autonomy in the
management of their respective interests.
Under the Constitution, Spain is divided into seventeen Autonomous Communities,
each with an executive government and regional parliament. Unlike in other countries
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where there is usually some uniformity between the various regions, in Spain each
nationality or region has certain powers which do not always coincide with those of
other regions and therefore the public-sector audit bodies within the Autonomous
Community have different characteristics and functions.
Since 1984, by using their self-government powers, some Autonomous Communities
have created audit bodies answerable to their respective parliaments in order to allow
the external auditing of the public sector within the Autonomous Community. To date,
eleven Autonomous Communities (Andalusia, Asturias, Balearic Islands, Canary
Islands, Castile-La Mancha, Castile-Leon, Catalonia, Communities of Madrid and
Valencia, Galicia, Navarre and Basque Country) have established a body for auditing
the regional public accounts. In Aragon, despite the respective regional parliament
having already approved the creation of an audit body, this has not yet started work. In
the other Autonomous Communities, the regional public accounts are audited directly
by the State’s Court of Audit.
The functions of the external audit bodies (órganos autonómicos de control externo,
OCEX) within the Autonomous Communities are defined by the acts creating them.
Their main function is to audit the economic and financial activity of the regional public
sector, although some also have powers to audit local authorities (provincial and
municipal) in the region, their autonomous public agencies and other public bodies and
enterprises dependent on them. In all cases, the audit function consists of verifying the
legality, financial regularity and the efficacy, efficiency and economy of the economic
and financial activity.
In the Autonomous Communities with full educational responsibilities, the audit of
public and private publicly funded centres is the responsibility of the OCEX. In those
Autonomous Communities without full control over education and without an external
audit body, the Court of Audit carries out the audit.
As a general rule, the OCEXs check the accounts of public schools and the subsidies
granted to “centros concertados” within the context of verifying the legality and
financial regularity of the General Accounts (budgetary outturns and financial
statements) of the Autonomous Community in question. When carrying out these audits,
the OCEX can use the work carried out by the Internal Audit Departments of the
respective Autonomous Communities. As a general rule, audits are not carried out
within the schools themselves, except when an OCEX, in its action plan established at
the start of the year, decides to carry out specific audits or performance audits in
schools. Therefore, for example, in 2000 the Audit Chamber of Andalusia performed a
specific audit on the “centros concertados” which passed educational agreements with
the Regional Councillorship of Education and Science in Andalusia for the 1998/1999
financial years.
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